Kraft Heinz is planning to appeal the April decision by the Federal Court of Australia allowing Bega Cheese to continue its use of distinctive yellow peanut butter product packaging.
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Bega released a statement to the Australian Stock Exchange on May 19 saying it had received notice that Kraft Heinz had filed an application to the High Court seeking special leave to appeal the earlier judgment.
The public stoush began after Kraft was bought by Heinz and its Australian products were then moved to Mondelez International and then bought by Bega in 2017, in a deal which also included the Vegemite brand.
Kraft had alleged Bega engaged in misleading or deceptive conduct over the marketing of its peanut butter products, and the federal court ruled last year that Bega has exclusive rights to the use of iconic yellow lids, and red and blue labels.
Federal Court Justice David O'Callaghan's 2019 judgement declared the rights to the trademark branding had been transferred to Bega as part of the sales agreement between it and Mondelez.
